Argentina approves that non-binary people can identify themselves on their ID cards with the option “X”.

The Argentine government has made official on Wednesday the incorporation in the National Identity Documents (DNI) the possibility that people who do not recognize themselves within the binary female / male system can be identified in that way with a third option, which will use the letter “X”. This has been done with the publication of Decree 476/2021 in the Official Gazette, prior to the formal announcement of the measure that took place this Wednesday at the Bicentennial Museum of the Casa Rosada, headed by President Alberto Fernandez.

The president said Wednesday that the community “had a hard time accepting diversity” and understanding that “we are all, everyone and all” and regretted that “something unforgivable was done, which is to discriminate, hide and put on the side so that no one sees them”. In this sense, Fernandez said that “the sanctioning of equal marriage was the beginning of all this road to diversity.

The president assured that “there are a thousand ways to love, be loved and be happy” and celebrated that “everyone finds happiness in their own way,” while stressing the need to “do everything we can to continue advancing” in the incorporation of rights in Argentina. “Let’s advance as much as we can now that we are here,” the president said enthusiastically, referring to conversations he is having with Minister Elizabeth Gómez Alcorta (Women, Gender and Diversity).

“The State should not care about the sex of its citizens,” argued the president, and said that the ideal will be achieved “when we are all everyone,” while stressing that, while looking for “the ideal”, progress is being made in “what is possible”, in reference to the change introduced in terms of gender definition in the ID cards.

The president was accompanied during the ceremony by the Minister of Women, Genders and Diversities, Elizabeth Gómez Alcorta, and the Minister of the Interior, Eduardo De Pedro.

The norm bears the signature of the head of state; of the Chief of Cabinet, Santiago Cafiero; of the Minister of the Interior, Eduardo ‘Wado’ de Pedro; and of the Minister of Women, Gender and Diversity, Elizabeth Gómez Alcorta.

The decree provided that the National Registry of Persons (Renaper) “must adapt the characteristics and nomenclatures of the DNI and Passports it issues, with exclusivity, in order to comply with the provisions of Law No. 26,743,” referring to the gender identity law passed in Argentina on May 24, 2012.

In this sense, the decree states that “a third document option will be incorporated in the category ‘sex’ in the DNI and Passport, in order to contemplate the right to gender identity for those people who do not recognize themselves within the binary female/male system”.

“It is necessary to establish that the nomenclatures “F”, “M” or “X” can be included in the DNI as well as in the Argentine Electronic Passport, in the area reserved for ‘sex’, and according to ICAO Document No. 9303, thus leaving the scheme of binary possibilities that existed prior to the enactment of this measure,” says the rule.

Who will be able to choose the X

“The nomenclature “X” in the field ‘sex’ will include the following meanings: non-binary, indeterminate, not specified, indefinite, not informed, self-perceived, not consigned; or another meaning with which the person who does not feel included in the male/female binomial could be identified,” details the decree.

In addition, the DNI that has the letter “X” in the area reserved for sex “will be valid as a travel document for the purposes established in the Agreement on Travel Documents of the States Parties of Mercosur and Associated States.

The decree will also apply to those nationals who have been issued Birth Certificates under Law No. 26,743, “prior to the issuance of their birth certificates”. (b) The person’s birth certificate shall be valid from the date of entry into force of this measure, without prejudice to the entry in the birth certificate under the category “sex”.

Also, “identical rights” will apply to “foreigners who obtain and/or have the DNI for Foreigners, Exceptional Passport for Foreigners or Travel Document for Stateless Persons or Refugees, under the conditions provided for in the relevant regulations,” says the publication.

On the other hand, the Renaper should report on the “possibilities of being restricted” the “entry, stay and / or transit situation in those States in which other sex categories other than the binary ones are not recognized”.

Meanwhile, the Ministry of Women, Gender and Diversity is instructed to “provide training for the authorities and staff of all agencies that make up the National Public Administration with competence in the matter,” and they must make the “regulatory, technological and systems adjustments” “within 120 days,” the regulation states.

In the recitals, it states that the decree is made by virtue of the fact that “the right to gender identity is inherent to the right to one’s own identity, which is part of the field of human rights”.

It also alludes to the fact that “the right to identity has a direct and indissoluble link with the right not to suffer discrimination, to health, to privacy and to realize one’s own life plan” while “it is constituted as a generic concept that joins other rights that protect various aspects of the person”.

aviso_247092 by Ana Breccia

AB with information from Télam agency.

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